CRIMINAL DAMAGE TO PROPERTY

KRS tit. L, ch. 512

in effect

KRS 512.010 Definitions for chapter

512.010. Definitions for chapter As used in this chapter: (1) "Lease or rental agreement" means all agreements, written or oral, embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises; (2) "Litter" means rubbish, refuse, waste material, offal, paper, glass, cans, bottles, trash, debris, or any foreign substance of whatever kind or description and whether or not it is of value; (3) "Noxious substance" means any substance capable of generating offensive, noxious, or suffocating fumes, gases, or vapors; (4) "Property" includes livestock as defined in KRS 150.010 and poultry as defined in KRS 246.010; (5) "Residential rental property" means any residential premises or property contained therein leased or otherwise rented to a tenant solely for residential purposes under a lease or rental agreement to which the tenant is a party; (6) "Squatter" means a person who enters or remains unlawfully on real property when he or she is not privileged or licensed to do so, including a person who takes up residence in a property he or she does not own, provided he or she is not a current or former tenant at the premises, did not have an agreement to occupy the premises at any time, and is not an immediate family member of the property owner; and (7) "Tenant" means a person entitled under a lease or rental agreement to occupy a residential rental property to the exclusion of others. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 63, sec. 2, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 50, sec. 1, effective June 29, 2021; and ch. 164, sec. 1, effective June 29, 2021. -- Amended 2004 Ky. Acts ch. 141, sec. 3, effective July 13, 2004. -- Created 1974 Ky. Acts ch. 406, sec. 105, effective January 1, 1975

KRS 512.020 Criminal mischief in the first degree

512.020. Criminal mischief in the first degree (1) A person is guilty of criminal mischief in the first degree when: (a) Having no right to do so or any reasonable ground to believe that he or she has such right, he or she intentionally or wantonly: 1. Defaces, destroys, or damages any property causing pecuniary loss of five hundred dollars ($500) or more; 2. Damages, possesses, or tampers with the operations of a key infrastructure asset, as defined in KRS 511.100, in a manner that renders the asset inoperable, in whole or in part, or renders the operation of the asset harmful or dangerous; 3. As a tenant, defaces, destroys, or damages residential rental property causing pecuniary loss of five hundred dollars ($500) or more; or 4. As a squatter, defaces, destroys, or damages real property causing pecuniary loss of five hundred dollars ($500) or more; or (b) He or she violates KRS 367.628(2)(a). (2) Criminal mischief in the first degree is a Class D felony, unless: (a) The offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class C felony; (b) For the first offense, if the defendant at any time prior to trial effects repair or replacement of the defaced, destroyed, or damaged property, makes complete restitution in the amount of the damage, or performs community service as required by the court, in which case it is a Class B misdemeanor. The court shall determine the number of hours of community service commensurate with the total amount of monetary damage caused by or incidental to the commission of the crime, of not less than sixty (60) hours; or (c) For the second or subsequent offense, if the defendant at any time prior to trial effects repair or replacement of the defaced, destroyed, or damaged property, makes complete restitution in the amount of the damage, or performs community service as required by the court, in which case it is a Class A misdemeanor. The court shall determine the number of hours of community service commensurate with the total amount of monetary damage caused by or incidental to the commission of the crime, of not less than sixty (60) hours. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 54, sec. 8, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 42, sec. 2, effective March 19, 2025; and ch. 63, sec. 3, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 174, sec. 10, effective July 15, 2024. - - Amended 2022 Ky. Acts ch. 151, sec. 9, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 164, sec. 2, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 12, sec. 2, effective July 15, 2020. -- Amended 1976 Ky. Acts ch. 183, sec. 3. -- Created

KRS 512.030 Criminal mischief in the second degree

512.030. Criminal mischief in the second degree (1) A person is guilty of criminal mischief in the second degree when, having no right to do so or any reasonable ground to believe that he or she has such right, he or she: (a) Intentionally or wantonly defaces, destroys, or damages any property causing pecuniary loss of less than five hundred dollars ($500); (b) As a tenant, intentionally or wantonly defaces, destroys, or damages residential rental property causing pecuniary loss of less than five hundred dollars ($500); or (c) As a squatter, intentionally or wantonly defaces, destroys, or damages real property causing a pecuniary loss of less than five hundred dollars ($500). (2) Criminal mischief in the second degree is a Class A misdemeanor, unless: (a) The offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class D felony; or (b) The defendant at any time prior to trial effects repair or replacement of the defaced, destroyed, or damaged property, makes complete restitution in the amount of the damage, or performs community service as required by the court, in which case it is a Class B misdemeanor. The court shall determine the number of hours of community service commensurate with the total amount of monetary damage caused by or incidental to the commission of the crime, of not less than fifteen (15) hours. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 63, sec. 4, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 174, sec. 11, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 151, sec. 10, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 164, sec. 3, effective June 29, 2021. -- Created 1974 Ky. Acts ch. 406, sec. 107, effective January 1, 1975.

KRS 512.040 Repealed, 2024

512.040. Repealed, 2024 Catchline at repeal: Criminal mischief in the third degree. History: Repealed 2024 Ky. Acts ch. 174, sec. 54, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 151, sec. 11, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 164, sec. 4, effective June 29, 2021. -- Amended 1976 Ky. Acts ch. 183, sec. 4, effective Jun e 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 108, effective January 1, 1975.

KRS 512.050 Criminal use of noxious substance

512.050. Criminal use of noxious substance (1) A person is guilty of criminal use of a noxious substance when he unlawfully deposits on the land or in the building or vehicle of another any stink bomb, device, or irritant with the intent to interfere with another's use of the land, building or vehicle. (2) Criminal use of a noxious substance is a Class B misdemeanor. Effective: January 1, 1975 History: 1974 Ky. Acts ch. 406, sec. 109, effective January 1, 1975.

KRS 512.060 Criminal possession of noxious substance

512.060. Criminal possession of noxious substance (1) A person is guilty of criminal possession of a noxious substance when he possesses such substance under circumstances evincing an intent unlawfully to use or cause it to be used to inflict injury upon or to cause annoyance to a person, or to damage property of another, or to disturb the public peace. (2) Criminal possession of a noxious substance is a Class B misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 110, effective January 1, 1975.

KRS 512.070 Criminal littering. -- Local governments may classify criminal littering as civil offenses

512.070. Criminal littering. -- Local governments may classify criminal littering as civil offenses (1) A person is guilty of criminal littering when he: (a) Drops or permits to drop on a highway any destructive or injurious material and does not immediately remove it; or (b) Knowingly places or throws litter on any public or private property or in any public or private water without permission; or (c) Negligently places or throws glass or other dangerous pointed or edged substances on or adjacent to water to which the public has access for swimming or wading or on or within fifty (50) feet of a public highway; or (d) Discharges sewage, minerals, oil products, or litter into any public waters or lakes within the state. (2) Criminal littering is a Class A misdemeanor. (3) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the citation and if the littering offense is not combined with an offense that is not prepayable. (4) Notwithstanding any language or provision of this section or KRS 65.8808(3) to the contrary, the legislative body of a local government may, by ordinance, choose to classify the offenses proscribed in subsection (1) of this section as civil offenses in accordance with KRS 65.8808. Effective: January 1, 2013 History: Amended 2012 Ky. Acts ch. 63, sec. 9, effective January 1, 2013. -- Amended 2002 Ky. Acts ch. 342, sec. 10, effective July 15, 2002. -- Amended 1982 Ky. Acts ch. 145, sec. 1, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 111, effective January 1, 1975.

KRS 512.080 Unlawfully posting advertisements

512.080. Unlawfully posting advertisements (1) A person is guilty of unlawfully posting advertisements when, having no right to do so or any reasonable ground to believe he has such a right, he posts, paints or otherwise affixes to the property of another person or to public property any advertisement, poster, notice or other matter. (2) Unlawfully posting advertisements is a violation. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 112, effective January 1, 1975.

KRS 512.090 Unlawful acts relating to acquiring metals

512.090. Unlawful acts relating to acquiring metals (1) A person is guilty of unlawful acts relating to acquiring metals when the person intentionally and without permission cuts, mutilates, defaces, or otherwise injures any personal or real property of another, including any fixtures or improvements, for the purpose of obtaining any restricted metal, nonferrous metal, or ferrous metal as defined in KRS 433.900, in any amount. (2) Unlawful acts relating to acquiring metals is: (a) A Class B misdemeanor with a fine of not more than two hundred fifty dollars ($250) or imprisonment in the county jail for less than ninety (90) days, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is less than three thousand dollars ($3,000); or (b) A Class D felony with a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) or double his or her gain from commission of the offense, whichever is the greater, or imprisonment for not less than one (1) year but not more than five (5) years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is three thousand dollars ($3,000) or more. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 91, sec. 5, effective July 12, 2012.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39378Fetched: 10/20/2026